Legal Question in Medical Malpractice in Ohio
Medical Malpractice
My mother recently died from cancer. She had a kidney removed in Jan of 2007. At the time the doctor claimed to have discovered cancerous cells but stated that he had gotten it all. No follow up testing and/or monitoring was done to verify this claim by the doctor. In August she was diagnosed with terminal cancer. At that time she was told she could receive treatments but her condition was so advanced that the treatment would greatly reduce her quality of life and would only possibly prolong her life by months. She died this month. Is there a potential Malpractice suit here given these details? If so, what would be the best way to proceed?
1 Answer from Attorneys
Re: Medical Malpractice
The operative report and pathology report from the January 2007 surgery will tell me the stage of her renal cancer was. If no chemotherapy was indicated at that time then it will be necessary to obtain the records from August to determine the exact involvement of the cancer. The key issue will be whether any cancer was missed that should have been discovered in January and whether earlier testing by CT scan etc would have led to a different outcome.
Your mother's hospital record need to be ordered and reviewed as well as any CT Scans, and other x-rays to determine if her death wsa preventable and avoidable. Happy to help if I can. In order to obtain the records your father, if living, will need to sign medical authorizations or an estate will need to be opened in your local probate court to obtain authority to obtain her medical records.
Howard Mishkind
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